Aid Workers Act

Original Language Title: Entwicklungshelfer-Gesetz

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Read the untranslated law here: http://www.gesetze-im-internet.de/ehfg/BJNR005490969.html

Aid workers Act (EhfG) EhfG Ausfertigung date: 18.06.1969 full quotation: "development aid Act of June 18, 1969 (BGBl. I p. 549), most recently by article 16 paragraph 1 of the law of October 19, 2013 (BGBl. I S. 3836) is changed" stand: last amended by article 16 paragraph 1 G v. 19.10.2013 3836 for more information on the stand number you find in the menu see remarks footnote (+++ text detection from validity) : 1.1.1982 +++) (+++ requirements due to EinigVtr cf. SonntRPapIndAusnV annex EV;)
Requirements no longer to apply to article 1 No. 12 G v. 21.1.2013 I 91 +++) input formula the Bundestag has decided with the consent of the Federal Council the following law: I. General part section 1 is aid workers (1) development aid within the meaning of this Act, who provides service, 1 in developing countries without acquisition purpose contractually committed to contribute (development service), 2nd in partnership to advance these countries to the service of the development towards a recognized carrier of the development service for a continuous period of at least two years , only services receives 3 for the development service, which provides for this law, 4. has completed 18 years of age and is a German within the meaning of article 116 of the basic law or nationals of another Member State of the European communities.
(2) as a development worker in the meaning of this Act also applies who is prepared by a recognized carrier of the development service, to serve development service (preparation), for the preparation service is only provided for this law, in addition to the preparation service carries out no activities for a fee and meets the requirements of paragraph 1 Nos. 2 and 4.

§ 2 carrier of the development service (1) as carrier of the development service can legal persons of under private law is recognised, exclusively or mainly to prepare the 1st aid workers, send and support, 2. guarantee offer that they accomplish their task on the duration and comply with the obligations incumbent upon them under this Act, 3. undertake to send aid workers to such projects, which are the Federal Republic of Germany for developing countries in accordance with the affirmative action , tax-advantaged 4. exclusively and directly purposes within the meaning of paragraphs 51 to 68 of the tax code, 5 have their headquarters within the scope of the basic law.
Sentence 1 number 1 does not apply for legal persons of under private law, in which involved only the Federal Republic of Germany and the purpose of which is to support the Federal Government in achieving its development-policy objectives.
(2) on the recognition of a carrier of the development service shall decide at the request of the Federal Minister for economic cooperation. He can connect the recognition requirements, especially about the General conditions of the contracts to be concluded with the aid workers, about posting principles that are required in the interest of the health of the aid, insurance coverage, the amount of maintenance payments, the reintegration grants and the reimbursement of travel expenses and type and duration of training (section 22) and of the preparatory service. The requirements may be granted subject to subsequent amendments.
(3) the Federal Minister for economic cooperation has the recognition be revoked if one of the conditions referred to in paragraph 1 no longer exists, unless the requirement of paragraph 1 No. 1 is omitted only because the majority of the posted alone due to lack of German nationality are no aid workers pursuant to section 1 para 1; the recognition may be revoked also for other important reasons, particularly if a pad has not been fulfilled. By the revocation or withdrawal of recognition, the rights of the aid are not affected under this Act.

§ 3 financing through the Federal outlays for services, which are the recognized carrier of the development service (carrier) according to this law, can make the guidelines applicable to federal financing in the form of grants or contracts in accordance with the remedies in the federal budget to the available and for their award.

§ 4 development service contract (1) the carrier has to complete a written contract for the development and preparation services with the aid workers, who must provide the following services of the carrier: 1 child allowances and benefits in kind provided to secure the life requirement (maintenance);
2. an after completing the development service to paying adequate reintegration grant; the same applies if the development service is terminated prematurely; before the expiry of six months but only if the aid workers is not responsible for the premature termination. The reintegration grant is not considered income within the meaning of laws, regulations and administrative provisions to promote the education, training and retraining, 3. refund of travel costs, 4. the assumption of obligations, which are whether the employer after the Federal Holidays Act and the maternity protection act.
(2) in the contract for the development and preparation services, more services to the social security of the aid, his spouse and his dependent children within the framework of the regulations issued by the Federal Minister for economic cooperation according to § 2 para 2 can be arranged.
(3) the provisions of this Act, relating to the existence or the earlier marriage shall apply mutatis mutandis for the existence or previous a life partnership. The rules relating to the spouses shall apply mutatis mutandis for the life partner.

§ 5 involved the development Assistant at the instigation of the carrier services by other bodies (1) in developing countries in projects, which are carried out by other bodies as the carrier, the carrier that has to ensure that contract that designated elsewhere towards aid workers no. 4 in section 4 assumes duties.
(2) that in § 4 para 1 No. 1 to 3, § 8 and 11 above and the services authorized pursuant to section 4 paragraph 2 to § 6, 7 para 1, § § from a location in the developing country or provided the body within the meaning of paragraph 1, which carries out the project.
(3) in the case of services of other authorities pursuant to paragraph 1 or paragraph 2, also the carrier is liable the aid workers for a proper performance.
Footnote § 5 para 1 italic: cf. now article 4 para 1 No. 4 II. special part of § 6 liability insurance (1) which is required to complete for the aid workers and his dependent spouse and dependent children, not only temporarily living together with him, appropriate insurance to cover the damage and to maintain that cause them abroad in the interests of the service or in private life.
(2) the insurance must provide services to persons, damage to property and pecuniary loss. The agreement of a deductible is not permitted.
(3) in the insurance contract, it is provided that the victim is given a direct claim against the insurer.
(4) is taken the aid workers because of the damage he caused while abroad in the interests of the service or in private life, compensation claim, the carrier has up to the point of the insurance in adequate protection and to provide assistance.

§ 7 health insurance (1) for the period of the development service has the carrier to enter into a group insurance agreement and maintain, which in case of sickness, childbirth and of accident, unless benefits due to social security legislation or pursuant to § 10 of this Act are granted the aid workers, and as long as this is outside the scope of this law stop whose unterhaltsberechtigtem spouses and dependent children, insurance coverage with at least the following services : 1 reimbursement of sickness and maternity costs in full up to 5,000 DM per insured event (illness, maternity, accident), 2. reimbursement of repatriation and transportation costs.
In the group insurance contract, it must be also determined that the insured person has the right to continue the insurance within one month after being eliminated from the group insurance contract or after termination of the contract of group insurance individual insurance after the disease cost rates applicable. Diseases, which has sustained the development workers or a member of the family within the meaning of sentence 1 during the period of insurance in the group insurance contract, are to be included in the insurance coverage it without risk.
(2) for the period of preparatory service is the carrier for the case that the aid workers in the statutory health insurance is insured to accept contributions in full; the aid workers or a member of the family within the meaning of paragraph 1 sentence 1 is insured under a private health insurance already which has to take over, but not exceeding the amount that would be payable for an insured employee with work earnings in the amount of contribution assessment ceiling applicable to statutory health insurance beams the contributions or premiums in the amount of the expenses; This is the rate of contribution of the terms place sickness fund competent for the carrier to be based. The aid workers and their family members within the meaning of paragraph 1 sentence 1 are insured for this time in the statutory health insurance nor otherwise in a private health insurance, the institution has to insure them pursuant to paragraph 1.
(3) caused the development worker or a family member within the meaning of paragraph 1 sentence 1 by the occurrence of an insured event (paragraph 1 No. 1 or 2) necessary costs which are covered under paragraph 1 nor through services on the basis of social security legislation, so that the Federal Government carries insofar as the total cost does not exceed the local cost. The Federal Government cannot accept also costs on this scale, which arise after the end of the development service, unless this is necessary to prevent an undue hardship.

§ 8 further granting of maintenance (1) is the aid workers at the service prevents and he intentionally brought about the prevention, as the carrier has the contractual maintenance services for the duration of prevention, but at the latest until the end of the sixth week continue train while; This also applies if the service relationship of the aid is resolved during this time.
(2) in the case of pregnancy of a humanitarian aid worker, the carrier of the contractual maintenance services for the duration of the terms of protection has according to § 3 par. 2 and § 6 para 1 of the maternity protection Act continue train while, even if the employment relationship ends during the protection periods.

§ 9 allowance for incapacity for work (1) is the aid workers unable to work, so the Federal Government in the aftermath of the services granted a per diem amount of transfer money from the statutory accident insurance, 1 if the incapacity for work is not a consequence of an accident at work or a disorder in the sense of § 10 para 1, 2 If the aid workers has not intentionally caused incapacity for work and 3. According to article 8, paragraph 1 if there is no entitlement to sickness benefit from the statutory health insurance.
Is the service relationship of the aid is resolved during the incapacity for work, entitlement to this allowance is not affected.
(2) daily allowance is due to same illness or of the same accident maximum grants for seventy-eight weeks, counting from the date of commencement of the incapacity for work on.
((3) entitlement to the allowance ends with the tag by which on a) pension full disability, incapacity or old-age pensions from the statutory pension insurance or b) a corresponding performance of article 2 § 1 of the Angestelltenversicherungs new Regulation Act amended the financial amendment Act 1967 of December 21, 1967 (BGBl. I p. 1259) liberating from compulsory insurance life insurance, which the employer with contribution funding has been involved , or c) a corresponding performance from an insurance or pension institution within the meaning of the provision on the insurance exemption in the statutory pension insurance is granted.
Has been paid beyond this period allowance, the entitlement to the benefits referred to in points a to c passes up to the amount of n on the Federal Government paid for the same period. The allowance exceeds the performance, so the surplus amount can not be recovered.
(4) If during the daily allowance cover pension for partial invalidity or disability from the statutory pension insurance approved to the claimant, the daily allowance to the amount of the pension is granted for the same period is shortened. In that regard, the pension entitlement of the Federal passes retroactive granting of pensions from the statutory pension insurance. The same applies and (c) for services pursuant to paragraph 3, if they are granted due to partial incapacity or disability.
(5) the entitlement accounted for daily subsistence allowance, as long as a carrier of the pension transition money is allowed. Paragraph 3 sentence 2 and 3 shall apply mutatis mutandis.
(6) be during the daily allowance cover service or pension payments after bibliographical rules or principles or appropriate canonical regulations or a supply pension approved to the claimant of a supplementary pension institution of the public service or as an employee in the public service or in the ecclesiastical service sick pay, as paragraph 3 shall apply mutatis mutandis, if the covers are not lower than the daily subsistence allowance; otherwise, paragraph 4 shall apply mutatis mutandis.

§ 10 services for ill health or death as a result of typical risks of the developing country (1) is caused by a medical condition or the death of the aid conditions which are peculiar to the developing country and mean a special danger outside of the development service for the aid workers, and so the benefits based the health disorder or death to an accident at work or an occupational disease, grants the party entitled to the Federal , that he would receive in the event of an accident at work or an occupational disease by the statutory accident insurance. A the benefits not entitled to, if the aid workers deliberately caused the health disorder or death.
(2) is the aid workers through a health disorder within the meaning of paragraph 1 incapacitated for work or berufsunfähig (sixth book of social code) or he dies on its consequences and is not met the waiting period in the pension insurance, as the authorized by the Federal Government receives benefits in the height, as he received them in fulfilment of the latency from the statutory pension insurance. This does not apply if the person entitled receives supply after bibliographical rules or principles or appropriate canonical regulations or a supply pension from a supplementary pension institution of the public service or from the carrier has a grant contribution to liberating by the employee insurance compulsory insurance at a public or private insurance companies. Paragraph shall apply accordingly 1 sentence 2.
(3) a performance meets paragraph 1 with a performance referred to in paragraph 2, the provisions of the sixth find application corresponding to book social security code about the meeting of pension and benefits under the accident insurance.

§ 11 benefits in case of disability, incapacity, disability or death of the carrier is obliged to provide the application for compulsory insurance in the statutory pension insurance at the beginning of the service period for all aid workers that meet the stated requirements and not on the basis of § 18 para 3 of the income limits increase Act of 13 August 1952 (Bundesgesetzbl. I p. 437) or of article 2 § 1 of the Angestelltenversicherungs new regulatory law in the applicable versions of compulsory insurance in the insurance of employees are exempt. Aid workers, for which the application for insurance pursuant to sentence 1 is not and which are optional in the statutory pension insurance or insured in a liberating from compulsory insurance at a public or private insurance companies, the contribution funding to this insurance in the amount of contributions, in the case of the compulsory insurance at the request would have to be paid, has a maximum up to the amount of the contributions actually paid , to grant. The obligation of the carrier is void pursuant to sentences 1 and 2, if an entitlement to lifelong care and survivor's benefit is guaranteed after bibliographical rules or principles or appropriate canonical regulations the aid workers.

§ 12 reintegration who after completion of the development service is looking for a new job, should, taking into account the particular experiences and knowledge he has acquired during the service of development of and preparation service, are taught and promoted professionally.

§ 13 pay compensation for unemployment (1) for a claim on services after the third book of the social code are times of development services including the preparation service times of the relationship of insurance obligation according to the law of promoting work the same.
(2) in determining the pay relevant for the calculation of the performance, pay for the period of service to be taken into consideration pursuant to paragraph 1 is according to § 152 of the third book of the social code to use.
(3) the Federal Government reimbursed additional expenses caused by the provision of paragraph 1, the federal employment agency. Administrative costs will not be refunded.

Section 14 - section 15 per diem unemployment
(1) unemployment within four weeks after the end of the development service, a later krankenversicherungspflichtigen employment, or the cover of unemployment which is disabled and he is not entitled to sickness benefit from the statutory health insurance, so he receives from the day of commencement of the incapacity for work on a daily allowance in the amount of unemployment benefit.
(2) the unemployed person to the detriment of absorbed article 7, paragraph 1, 2 or federal insurance after according to § 7 para 3 in a hospital, a convalescent -, recreational, or sanatorium, twenty-five per cent of the n are to pay. The amount increases to sechsundsechzig two-thirds per cent for the first member maintained so far mostly by him and another ten per cent - to the full height of the n - for every other such members. The daily allowance calculated in accordance with sentence 2 can immediately paid to nationals insofar as it exceeds twenty-five per cent of the full n.
(3) entitlement to the allowance is excluded, if three years have passed since the end of the development service. In addition, article 9 shall apply mutatis mutandis.

§ 16 award of benefits, administrative jurisdiction (1) the services to be provided by the Federal Government according to § 7 para 3, § 9, 10 of this Act be found on request.
(2) the carrying out of the tasks incumbent accident insurance according to § 7 paragraph 3, sections 9, 10, 15 of this Act federal and rail.
(3) (dropped out) § 17 officers regulations (1), which has a development worker or former aid worker who has entered into a development service ratio of not more than three years and whose duty, basic military service or civilian service, is extinguished by the provided development services, until the expiry of six months after termination of the development service setting as a civil servant, and he commissioned the preparation is set so the employment do not have the time may be delayed after acquisition of the qualification for the career , to the of the civil servants non-strips off a development service closer would have been up to the duration of military service to the employment. Strips off the prescribed probation period shall remain unaffected thereby. Sentences 1 and 2 shall apply to carriage by analogy, if the official services justify a promotion during the trial period.
(2) starts a former aid workers, who had entered a development service ratio of not more than three years and which duty, military service or civilian service, is extinguished by the provided development services, following the development service (University, technical or practical training) training prescribed for the future profession as a civil servant or judge or this is interrupted by the countrie, so paragraph 1 shall apply mutatis mutandis , if he applies until the expiry of six months after completing the training setting as a civil servant or judge and is set on the basis of this application. Service times, the prerequisite for a promotion, for the judge set under the prerequisites of sentence 1, start with the time to he approached would have been without strips off a development service until the duration of the basic military service on the appointment for life.
(3) paragraphs 1 and 2 shall apply mutatis mutandis to a previous aid workers, whose training is carried out by a fixed multi-year activity in the employment relationship in place of the otherwise prescribed preparation service for a later civil servant.

§ 18 certificate upon completion of the development service can the development aid request from the carrier a written testimony about the nature and duration of the development service and the preparation. The testimony is to extend on demand on the services and the leadership during the service period.

Article 19 (1) courts for civil law disputes between the carrier and the aid workers the courts for labour disputes are responsible.
(2) for public disputes in cases of recourse to the courts of the social courts is article 7, par. 3, of the articles 9, 10, 15 of this Act.
III. amendment of laws, sections 20 to 22 --IV transitional and final provisions article 23 existing legal relationships has someone in the service of a carrier of the development service prior to its recognition suffered a damage which would justify a claim to benefits under § 7 para 3, §§ 8, 9, 10 or 15 of this Act, so these services with effect from the day be granted the recognition of the holder of the development service. Also unemployment, as well as the consequences of an accident or disease, suffered someone prior to recognition of a carrier of the development service at an activity, which corresponds to the an aid, if the accident or the disease is not an accident at work or an occupational disease considered damage within the meaning of section 10. The services that the beneficiary due to the damage by the carrier of the development service or from private insurance contracts has received or will receive from the carrier of the development service or a place in a developing country for him complete been are before the carrier has been recognized pursuant to section 2 of this Act are applied.

§ 23a transitional provision to article 13 (1) occurred before 1 January 1985 the right to unemployment assistance, section 13, paragraph 2 is to apply no. 2 in the version applicable up to 31 December 1984.
(2) a claim for unemployment aid with a claim period of 312 days is during the period from 29 to 31 December 1984 not yet exhausted, so this claim duration increased to 468 days if the unemployed person at occurrence of the claim the 49th had reached the age.

paragraph 23 (b) transitional provision to article 13 (1) times of the development service, including the preparatory service, pre-dating the entitlement to unemployment allowance, for entitlement to unemployment benefit after the third book of the social code does not.
(2) sections 13, 14, 15 para 1, § 16 para. 3 and the sections 19 and 23 in the version applicable up to 30 June 1987 are on claims for unemployment aid, incurred before 1 July 1987, continue to apply.

section 23c transitional provision of § 10 inventory on December 31, 1991 entitled to services according to § 10 para 1 and 2, section 312 of the sixth book of the social code is also accordingly apply if entered the health disorder or death after December 31, 1978.

§ 24 validity in Berlin this law shall apply with the exception of article 22 in accordance with § 12 and 13 par. 1 of the third of transfer Act of January 4, 1952 (Bundesgesetzbl. I p. 1) also in the Federal State of Berlin.

Article 25 entry into force of this Act enters into force on the day after the announcement.